Case Detail

Informed Consent Action Network v. United States Department of Health and Human Services

District

Southern District of New York

City

Foley Square

Case Number

1:2018cv03215

Date Filed

2018-04-12

Date Closed

2018-07-09

Judge

Judge Jesse M. Furman

Plaintiff

Informed Consent Action Network

Case Description

Informed Consent Action Network submitted a FOIA request to the Department of Health and Human Services for records concerning reports transmitted to the Senate Labor and Human Resources Committee and the House Energy and Commerce Committee as required under 42 U.S.C. Section 300aa-27(c). The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Informed Consent Action Network filed suit.Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Health and Human Services, re: 1 Complaint. Document filed by Informed Consent Action Network. (Siri, Aaron) (Entered: 04/12/2018)

2018-04-13

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Aaron Siri. The party information for the following party/parties has been modified: Informed Consent Action Network. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (pc) (Entered: 04/13/2018)

2018-04-13

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (pc) (Entered: 04/13/2018)

2018-04-13

Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (pc) (Entered: 04/13/2018)

2018-04-13

Case Designated ECF. (pc) (Entered: 04/13/2018)

2018-04-13

4

ELECTRONIC SUMMONS ISSUED as to United States Department of Health and Human Services. (pc) (Entered: 04/13/2018)

2018-04-13

5

ORDER: This case arises under the Freedom of Information Act, Title 5, United States Code, Section 552. The parties are hereby ORDERED to submit a joint letter, no later than two weeks from the date of this order and not to exceed two pages, indicating whether there is any need for discovery or an initial conference in this case. If there is no such need, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. If Defendant has not yet entered a notice of appearance, Plaintiff shall promptly serve a copy of this Order on Defendant and file proof of such service. (Signed by Judge Jesse M. Furman on 4/13/2018) (ras) (Entered: 04/13/2018)

2018-04-18

6

AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Department of Health and Human Services served on 4/16/2018, answer due 5/16/2018. Service was accepted by Haojun Li. Document filed by Informed Consent Action Network. (Siri, Aaron) (Entered: 04/18/2018)

2018-04-18

7

AFFIDAVIT OF SERVICE of April 13, 2018 Order of Hon. Jesse M. Furman (ECF Doc. No. 5) served on United States Department of Health and Human Services on 4/16/18. Service was accepted by Haojun Li. Document filed by Informed Consent Action Network. (Siri, Aaron) (Entered: 04/18/2018)

2018-04-26

8

CERTIFICATE OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Department of Health and Human Services served on 4/19/2018, answer due 5/21/2018. Service was made by Mail. Document filed by Informed Consent Action Network. (Siri, Aaron) (Entered: 04/26/2018)

2018-04-27

9

JOINT LETTER MOTION for Extension of Time Until May 11, 2018 to Submit Joint Letter Required by the Court's Order of April 13, 2018 addressed to Judge Jesse M. Furman from Aaron Siri dated 4/27/2018. Document filed by Informed Consent Action Network.(Siri, Aaron) (Entered: 04/27/2018)

2018-04-27

10

NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of United States Department of Health and Human Services. (Sun, Anthony) (Entered: 04/27/2018)

2018-04-29

11

ORDER granting 9 Letter Motion for Extension of Time. The parties' deadline to submit a joint letter pursuant to the Court's April 13, 2018 Order is hereby EXTENDED to May 11, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 04/29/2018)

2018-05-02

12

CERTIFICATE OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Department of Health and Human Services served on 5/2/2018, answer due 6/1/2018. Service was made by Mail. Document filed by Informed Consent Action Network. (Siri, Aaron) (Entered: 05/02/2018)

ORDER granting 13 Letter Motion for Conference. The parties are hereby ORDERED to appear for an initial conference on June 13, 2018, at 3:30 p.m. No later than the Thursday prior to the initial conference, each party shall file via ECF a letter, not to exceed five pages single spaced, outlining its position on the need for discovery and, if appropriate, proposing a production and/or briefing schedule. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 05/09/2018)

2018-06-01

15

ANSWER to 1 Complaint. Document filed by United States Department of Health and Human Services.(Sun, Anthony) (Entered: 06/01/2018)

STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the parties by and through their respective counsel: 1. That the above-captioned action is voluntarily dismissed, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), each side to bear its own costs, attorney fees, and expenses; and 2. That this stipulation may be signed in counterparts, and that electronic (PDF) signatures may be deemed originals for all purposes. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. (Signed by Judge Jesse M. Furman on 7/6/2018) (ne) (Entered: 07/09/2018)